Under the Third Geneva Convention relative to the Treatment of Prisoners of War, military personnel who are captured in the context of an armed conflict while taking up arms against the other side, including after an armistice is signed, should be presumed to be a POW. Rachel Denber, HRW Deputy Director for Europe and Central Asia, made this quote from the Convention in response to ‘Lurer’ inquiry into fake trials of Armenian prisoners of war (POWs).
“A competent tribunal would determine whether the captured person in entitled to POW status by looking at the facts, such as whether there was in fact an international armed conflict going on when the person was captured, whether the captured person meets the definitions of POW that’s in the Convention,” says Rachel Denber, HRW Deputy Director for Europe and Central Asia.
A key aspect of what makes a tribunal “competent” is whether it is fair and independent from those first involved in the screening of detainees.
Moreover, according to a human rights organization official the unlawful confinement or willfully depriving a POW or other person in custody the rights of a fair and regular trial is a war crime.
We have very serious concerns about Azerbaijan treating POWs and others in custody in accordance with the Geneva Conventions. Animosity against Armenia that is palpable in many public statements by government officials exacerbate concerns - concerns that are also based on Azerbaijani authorities’ record of misusing the criminal justice system for political ends - that these men would not get a fair trial that meets international standards.
This is why there needs to be international monitoring by competent, multilateral organizations, such as the OSCE or the UN.
Arbitrary imprisonment is prohibited, according to HRW.
The letter also refers to the so-called ‘Trophy Park’ opened in Baku. It continues to shock Europe.
Regarding the “Trophy Park” --the Council of Europe Human Rights Commissioner’s strong statement on this issue underscored that the park includes depictions of “dehumanizing scenes that are highly disturbing and humiliating.” I would echo her call on Azerbaijani authorities to “take a firm stance against any rhetoric or actions which lead to triggering animosity or hatred.”
Another record. Prisoners of war should not be prosecuted for taking part in an armed conflict, according to a reply letter to ‘Lurer’.
